The Institutional Thinks Of Regulating The Legal Service Market Order In China

The legal service system is an important part of the national legal system and the public administration system. The function of it is to maintain the correct implementation of the state laws, the judicial relief of the legal rights, the social fairness and justice and the public interest. For more than twenty years, the rapid development on the legal service industry based on lawyers , has made an important contribution to the economic development and social progress of civilization in China. However, today in the legal service industry, there are some conditions that can not be ignored: various subjects supervised by different public sectors,with different entry requirements and professional conduct ,at different cost,provide with the same or similar services in a market .That lead to the disorderly competition, lack and dislocation of the government supervision ,the uneven distribution of legal services resources and the growing tendency of commercial issues and uncredibility on the legel service market. That seriously influnce the healthy development of the legal service market,affect the values of the legal services fuctions and fulfill pushing on the rule of law,improvement of the socialist market economic system and building a socialist harmonious society with great efforts. Therefore, it is a very important and urgent task to the judicial administrative organs currently. In recent years, the theoretical and practical sides have made positive researches about it, and had recourse to the relevant departments many times. But for inadequate preparations in theory, the imperfect law and immature reform times e.g, it is difficult to call attention of the relevant departments to it.From theories on the quasi-public goods and the relationship between government and market, the study uses the theoretical research, 'case studies and comparative analysis methods to reach a definition on two concepts :market and legal services,and analyst the seven issues of the legal service market,and then it points out the main reasons: the unaccurate definition of legal services products nature, the backwardness of China's legal construction,the external effects of the legal service market and China's imperfect administrative reforms. After studies compared with Western developed countries such as USA, France, Germany and Japan, it concludes that the imperfert market and the inadequate government supervision lead to troubles in the legal service market in base. However,at this stage,it should focus on improving government supervison and standarding the market order. And then it should strengthen the building of the legal system, regulate the action of government and bring the third sector such trade associations into play. Finally, the paper proposes five measures of regulating the order of the legal service market in China: change concepts and establish the idea of a government that is committed to service,accuntability and the rule of law; carry out the government institution reforms focused on transforming governmental functions and process reengineering and establish a new regulating regime of legal service market; gradually improve the legal system on the legal service market;coordinate the legal services resources and establish the legal services pattern based on lawyer ;make the legal service industry self-regulation.